(1.) Before we proceed to deal with the appeals in hand, we are called upon to decide civil application No. 5016 of 2001. This is an application filed on behalf of the respondentsclaimants in the appeals praying that they be permitted to lead additional evidence by allowing them to produce the judgment passed by the Joint District Judge, Nashik on 15th July, 1995 in Land Acquisition Reference No. 191 of 1988 with Land Acquisition Reference No. 192 of 1988 on record and the same be read in evidence. This application was filed on 31st October, 2001 and copy of the judgment dated 15th July, 1995 had been annexed to this application. Despite its pendency before the court for a long time, no reply on behalf of the State has been filed and, in fact, during the course of hearing, there was no serious opposition for grant of prayer made in this application. We are even otherwise satisfied that as per the averments made in the application, the judgment in Land Acquisition Reference No. 191 of 1988 was passed on 15th July, 1995 while the reference court passed the impugned judgment on 28th February, 1991. It is obvious that the evidence sought to be produced now was not in existence at the time of passing of the award and the present appeals have been filed in this court in the year 1991 itself and have been pending before this court. Particularly, in view of the fact that there is no opposition to the prayer, we have no hesitation in allowing these applications and taking the judgment and award dated 15th July, 1995 in Land Acquisition Reference No.191 of 1988 on record. The same shall be read in evidence and is exhibited as "CA".
(2.) As we have dealt with the application for additional evidence in the case of Nivrutti Tukaram Bhagwat, in First Appeal No.782 of 1991. We will take the said Appeal as a lead case and all other connected 16 Appeals and one Cross Objection Stamp No.28333 of 1991 in Appeal No. 782 of 1991 filed by the Claimants will be dealt with together and disposed of by this common judgment.
(3.) There are 8 Civil Applications being Nos. 1887 of 2004, 1893 of 2004 to 1897 of 2004, 4498 of 2005 and 4499 of 2005 filed by the State for bringing the legal representatives of the deceased Respondent Claimants on record. Reply to the said Applications have not been filed despite the fact that these applications have remained pending before the Court for a considerable time. In fact, there is no opposition to these Applications. Consequently, all these Applications are allowed subject to just exception and the legal representatives of the deceased Respondents in respective Appeals are permitted to be brought on record. Amended Memo of Appeal be taken on record. All the impleaded Claimants would be entitled to the reliefs granted in the present Appeals in accordance with law.